Sentencing Guidelines Principles of LPSCS

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Types of Sentencing Concurrent Consecutive Determinate Indeterminate Runs the same duration as another sentence Consecutive Sentences run one after another Determinate A specific amount of time is given for an offender to serve Indeterminate A period of time to serve “not less than” and “not to exceed” a range of punishment Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Types of Sentencing (continued) Deferred The sentence is postponed to a later date Suspended Withholding or postponing of the pronouncement or execution of a sentence Life The convicted person spends the remainder of his or her natural life in prison Mandatory The sentence is imposed from a statute that gives no room for discretion. A judge may not suspend or give probation. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Types of Sentencing (continued) Maximum The longest amount of time that can be given for an offense Straight/flat A fixed sentence without a maximum or a minimum Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Sentencing Guidelines Misdemeanors Class C: fine not to exceed $500 Class B: fine not to exceed $2000 and/or 180 days in jail Class A: fine not to exceed $4000 and/or up to 1 year in jail Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Sentencing Guidelines (continued) Felony State Jail felony (SJF): no less than 180 days but no more than 2 years, and a $10,000 fine 3rd Degree: no less than 2 years but no more than 10 years, and a $10,000 fine 2nd Degree: no less than 2 years but no more than 20 years, and a $10,000 fine 1st Degree: no less than 5 years up to 99 years, and a $10,000 fine Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing Shock probation A short amount of incarceration in addition to a period of probation Work release Offenders report to jail during non-work hours Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Weekend sentencing Offenders report to jail only for a weekend or another designated time House arrest The offender is monitored by electronic means and may not leave the house except for certain reasons Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Community Service Required work for a government or non-profit agency without pay Probation: Serves the sentence in the community; offenders must abide by the special guidelines What are some conditions of probation? What happens if probation is violated What are the benefits of probation? Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Boot camps Highly regimented programs styled after the military to instill discipline and hold youths accountable Fines Monetary amounts paid to the court in lieu of confinement Restitution Money paid to the victim for damages and suffering Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) “Scarlet-Letter” punishments Punishment by shaming Example: a judge requires a child molester to put a sign in his front yard stating that he is a sex offender A Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Asset Forfeiture Seizure of assets, used in or obtained from illegal activity, by the government Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Alternative Sentencing (continued) Incarceration A period of confinement to either jail or prison Diversion The charges are dropped after the person completes a condition such as Drug treatment Sex offender counseling Anger management First offender programs Scared straight Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

Resources http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.08 Do an Internet search for the following: Judge refuses to reduce benson in fatal crash Findlaw sentencing Legalmatch types alternative sentencing Cliffnotes types of sentences Concurrent or Consecutive Sentence (LawWebTV) Taylor Thompson gets shock probation Man Escapes from Work Release Program, Arrested in Montgomery Lindsay Lohan Turns Herself in for House Arrest After dirty drug test, suspect gets probation Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.